Al Zuni of Arizona, Inc. - Page 13




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          full $474,903 constitutes taxable capital gain income to Khalaf.            
          Petitioners contend that Khalaf’s cost basis in his shares of               
          stock in Al Zuni was at least $486,000.                                     
               At trial, Khalaf and Peck testified that Al Zuni was                   
          incorporated in 1976 with a capital contribution of property of             
          $360,000 and that in 1983 Khalaf made an additional cash                    
          contribution to Al Zuni of $126,000.  Khalaf thus contends that             
          his total cost basis in his stock in Al Zuni was $486,000, an               
          amount that fully offsets the $474,903 capital gain income that             
          respondent charges to Khalaf.                                               
               The trial record is not complete with regard to Khalaf’s               
          capital investment in Al Zuni.  No stock record book or canceled            
          checks were offered into evidence that provide verification of              
          Khalaf’s basis in his shares of stock in Al Zuni.  In evidence,             
          however, are copies of Al Zuni’s corporate Federal income tax               
          returns for 1983 and later years in which Khalaf’s capital                  
          investment in his shares of stock in Al Zuni is consistently                
          reflected as $486,000.                                                      
               Based on the limited evidence before us on this issue and in           
          light of Khalaf’s testimony and the invested capital reflected on           
          Al Zuni’s corporate Federal income tax returns, we conclude that            
          on September 15, 1992, Khalaf’s cost basis in his shares of stock           









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